Landlord Tenant Flashcards
Tenancy for years
Lease for known fixed period of time. There is no notice required because the tenancy has a set end date.
Periodic tenancy
Continues for successive intervals until termination. In Florida, a periodic year-to year tenancy requires 60 days notice to terminate. A month-to-month tenancy requires 15 day notice. A quarter-to-quarter tenancy requires 30 days notice. A week-to-week tenancy requires 7 day notice.
Tenancy at will
No fixed duration and lasts as long as the parties desire.
Tenancy at Sufferance
Tenant wrongfully holdsover past the expiration of her tenancy and the landlord continues to recover rent. The landlord can charge double rent to holdover tenants in Florida.
Tenant duties
The tenant must (1) pay rent and (2) not commit waste.
Types of waste
Voluntary: willful
Permissive: negligence
Ameliorative: unilateral change that increases or decreases value
Landlord duties
The landlord must (1) delivery physical possession on the first day of the lease term; (2) warranty of quiet enjoyment – quiet use and enjoyment without interference by landlord; (3) warranty of habitability – must be fit for basic human habitation, including maintaining health and safety codes.
Constructive Eviction
The tenant can assert constructive evictions when the landlord renders premises unsuitable for occupancy. The elements are (1) a substantial interference; (2) notice to landlord of the condition; and (3) tenant must vacate.
Self help eviction
In Florida, the landlord may not utilize self-help eviction. He must go to court and initiate eviction proceedings which will result in ejectment of the tenant.
Assignment
Assignment occurs when the tenants transfers the entire remaining term of the lease. The new tenant will be primary liable to pay rent, but the original tenant remains secondarily liable under privity of contract with the landlord unless there is a novation.
Sublease
When original tenant transfers less than her entire interest. The new tenant is not liable for the rent because they are not in privity of estate or contract with the landlord.
Security deposit
In FL, the landlord, upon a tenant vacating the premises after termination of a lease, has 15 days to return the security deposit or 30 days to give the tenant written notice of intention to impose a claim on deposit (tenant has 15 days to object to landlord’s claim).
Nonresidential periodic tenancy
FLORIDA DOES NOT RECOGNIZE NON-RESIDENTIAL PERIODIC TENANCIES. THEREFORE IT IS A TENANCY AT WILL IF THERE IS NO FIXED TERMINATION DATE. NOTICE REQUIRED FOR A NON-RESIDENTIAL TENANCY AT WILL IS 3 MONTHS WHEN RENT IS PAID ANNUALLY, 45 DAYS WHEN RENT IS PAID QUARTERLY, 15 DAYS WHEN RENT IS PAID MONTHLY, AND 7 DAYS WHEN RENT IS PAID WEEKLY.
